SC Dismisses Plea Challenging BC Quota Enhancement

Hyderabad, New Delhi: The Supreme Court on Monday refused to entertain a plea and dismissed as withdrawn a writ petition challenging the Telangana government’s decision to enhance reservation for the Backward Classes (BCs) communities to 42 per cent in the upcoming local body elections, directing the petitioner to approach the High Court for relief.

A division bench comprising Justice Vikram Nath and Justice Sandeep Mehta refused to entertain the petition filed by Vanga Gopal Reddy, a resident of Kothapalle in Rajanna Sircilla district, against GO Ms 9, which enhanced the BC reservations to 42 per cent, in addition to 15 per cent for the Scheduled Castes and 10 per cent for the Scheduled Tribes communities.

The petitioner said that the GO had raised the total reservation in local bodies to 67 per cent and had breached the 50 per cent ceiling on reservations laid down by the Supreme Court in its verdicts.

The bench questioned counsel for the petitioner for directly approaching the Supreme Court, without first filing a petition before the High Court. The court also noted that the petitioner could not directly invoke Article 32 of the Constitution — giving the Right to constitutional remedies, which empowers citizens to directly approach the Supreme Court if their fundamental rights were violated — in such circumstances.

The petitioner's counsel said some petitioners had approached the Telangana High Court, which had posted the hearing on October 8. He said the High Court had refused to stay the GO. “If the High Court does not grant a stay, you will come here in Article 32?” the top court asked counsel.

When petitioner’s counsel argued that the Supreme Court had earlier entertained similar pleas, Justice Vikram Nath remarked: “In similar circumstances, we have also dismissed (such petitions).”

Counsel stated that the government had issued the GO immediately after commencement of the vacation to the courts and that, despite the case pending before the High Court had released the election schedule for the local bodies. Rejecting the plea for a stay on the GO, the Supreme Court made it clear that the High Court was the proper forum to adjudicate the matter.

Following this observation, the petitioner sought permission to withdraw the petition, which the Supreme Court granted, dismissing the matter as withdrawn with liberty to approach the High Court.